Valley Free Radio | WXOJ-LP | 103.3 FM | Northampton, Massachusetts

I. Policy: The FCC and VFR

The Federal Communications Commission (FCC) is an independent federal agency created to regulate broadcast and non-broadcast spectrum use. The FCC is responsible for the regulation of licensing, technical operations, legal activities, and programming of all stations. Therefore, if VFR is to remain on the air, it is imperative that volunteers comply with FCC rules at all times. VFR on-air operators must comply with both FCC programming regulations and operating requirements as listed here.

Obscenity is never allowed on the air. Profanity is not allowed on air. This applies to Board operators, on-air guests, callers, and pre-recorded material.

Because the fine (per utterance) for FCC violations is $25,000—which could easily put VFR off the air—VFR does not distinguish between indecent and obscene material. That means we do not have a “safe harbor” time in which to broadcast indecent material; we simply do not broadcast it at all, not even late at night.

Program producers who intend to air material that is questionably or potentially indecent should clear such material at a Programming Committee meeting in advance. The committee will document the reason for clearing or rejecting the material.

All programmers must sign VFR’s “Memorandum of Understanding” which confirms their commitment to uphold VFR’s policy on FCC compliance.

II. Definitions

Material is obscene if it appeals to the prurient interest, depicts or describes sexual conduct in terms patently offensive, and taken as a whole, lacks serious literary, artistic, political, or scientific value. Material is indecent if it contains language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory activities or organs.

Profanity refers to patently offensive words, including, but not limited to, the following words which the FCC has previously and specifically determined to be offensive: shi*, f*ck, piss, c*nt, co**sucker, motherf#*ker, t*ts.

III. Procedure

If you broadcast a violation: If the violation is in pre-recorded material, IMMEDIATELY fade out. Make a note of track on cd so it does not get aired again. Do not draw attention to the mistake by any on-air comments about it. Finally, log the infraction on
the comments section of the Daily Programming Log: log the time, the word and what corrective measures they took..i:e; “Pulled it off the air and made a note on the CD” and notify the—studio manager—of the infraction and corrective measures.

If you hear a violation: If you hear a violation of VFR policy on obscenity, profanity, and indecency, report to Programming Committee directly at a meeting or by contacting the Programming Committee Board Representative directly. Do NOT use Valley Free Radio’s listserves.

If your guest/caller violates regulations: If a guest or caller uses offensive language, the operator must cut that person off.

IV. VFR’s response

First Offense: Warning
A written warning will be given to the programmer. S/he must get in touch with the Programming Committee, via the Board Representative, to the committee in order to discuss the infraction. Do NOT use Valley Free Radio’s listserve to make these arrangements.

Second Offense: Three Month Suspension
The programmer will receive a written notice stating the time period for the suspension. S/he must get in touch with the Programming Committee Board Representative and her Collective Liaison in order to discuss the infraction and make arrangements for her /his show to be covered. Do NOT use Valley Free Radio’s listserves to make these arrangments.

Third Offense: Indefinite suspension of all membership privleges including on-air time. The programmer will receive a written notice of indefinite suspension. This notice will be approved by the Programming Committee.